Confirmed: Donald Trump's tweet about the FBI investigation into Brett Kavanaugh is legally binding

[highplainsdem]

This is from the Palmer Report, but worth reading because it quotes a former Associate White House Counsel:


https://www.palmerreport.com/analysis/legally-binding-tweet-trump-kavanaugh/13131/

Donald Trump tried to make the controversy go away by posting this tweet late last night: “NBC News incorrectly reported (as usual) that I was limiting the FBI investigation of Judge Kavanaugh, and witnesses, only to certain people. Actually, I want them to interview whoever they deem appropriate, at their discretion. Please correct your reporting!”

As it turns out, Trump is now married to this tweet. Former Associate White House Counsel Ian Bassin weighed in on Twitter with this legal assessment: “Note to FBI: whatever instructions White House staff gave you, the President’s tweet below is actually (no, really I’m not kidding) an order from the President. DOJ’s legal view is that a presidential order need not take any special form; if the president orders it, it counts.”

In other words, the minute Donald Trump posted this tweet, the FBI was immediately free to move beyond the restrictions that Trump and his White House had previously placed on the investigation. That includes interviewing Kavanaugh accuser Julie Swetnick, looking into whether Kavanaugh was lying about his drinking habits, and everything else. Trump is now stuck with an unlimited full-bore FBI probe into Kavanaugh over the next week, after having unwittingly told the FBI the precise details that Kavanaugh was worried about the most.

Link to Ian Bassin's tweet:

Link to tweet

[Ijustgot_here]

1. As much as I'd like to believe it, I don't

I'd like it to be true but I don't think the FBI will run right out and interview Mrs. Swetnick simply just because this guy who used to be a WH counsel said it.

[Hermit-The-Prog]

5. precedent

See, e.g.,

A judge used Trump's own tweets against him in a ruling that blocked the Dreamers program phase-out
https://www.businessinsider.com/a-judge-has-once-again-used-trumps-own-tweets-against-him-in-court-2018-1

[yonder]

12. +1.

[magicarpet]

2. Go get em boys,.. have fun !

[yuiyoshida]

6. Bye Bye Boys!

[Achilleaze]

13. But will the FBI actually do it?

Hard to know at this point...

[ProudLib72]

3. Legally binding until the next obnoxious tweet

[Tiggeroshii]

4. Or until he just tells the fbi something else.

[Midnight Writer]

7. So if your boss gives you orders, but tweets something different, you follow the tweet? LOL

[PJMcK]

10. Is your boss the president?

As Hermit-The-Prog posted above (#5):

A judge used Trump's own tweets against him in a ruling that blocked the Dreamers program phase-out
https://www.businessinsider.com/a-judge-has-once-again-used-trumps-own-tweets-against-him-in-court-2018-1

In other words, a court has ruled that Trump's tweets are official communications by the president. I think that's the point of the article.

Regardless, will the FBI feel free to expand their investigation? I guess it all depends on Christopher Wray.

[Cha]

8. This is Great! Fraud gets hoisted on his

own Petard Again!

[tableturner]

9. K&R....keep this going.....IMPORTANT! Defeat Trump's restrictions!!!

[tblue37]

11. Well, then he could just tweet out an order to limit the investigation. He'll

do that as soon as he's told about this.

[yonder]

14. And we can bet that nowhere in tRumps mashup will he revise or withdraw his claim:

"NBC news incorrectly reported (as usual)....."